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January 2022 Labor Law Developments - The National Law Review

Sun, Feb 6, 2022 15:13 ET
in Employment News, Press Release

  1. The National Labor Relations Board General Counsel’s office is advocating for overturning Trump-era Board cases defining the scope of National Labor Relations Act-protected activity. In a brief filed on January 14, The NLRB General Counsel’s office urged the Board to overturn current precedent addressing when workers’ actions are protected under the NLRA. In American Federation for Children, 28-CA-246878 (brief filed Jan. 13, 2022), General Counsel (GC) Jennifer Abruzzo appealed an administrative law judge’s (ALJ) finding that an employer did not violate the NLRA when it discharged a worker after she expressed concern that a supervisor sabotaged the work authorization and rehire a former coworker out of anti-immigrant bias. In particular, the GC targeted a 2019 Trump-era NLRB decision the ALJ relied upon in American Federation for Children to find the expressed concerns were not concerted because other employees did not join in the activities and some employees were offended by them. Inthe 2019 decision, the NLRB found protected activity requires more than the mere presence of other coworkers when an individual raises workplace concerns. The GC’s brief criticized that decision as a new, arbitrary constraint on the NLRA’s protection, which undermined its purpose. The request to overturn these cases is in line with the Biden-appointed GC’s aggressive approach to overhauling federal labor law.
  1. The NLRB GC asserts that consequential damages should be included in any...


Read Full Story: https://www.natlawreview.com/article/top-five-labor-law-developments-january-...


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